Yuba City Municipal Code Ch. 3 Mandatory Refuse Collection Services

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Collector" shall mean the refuse disposal company with whom the City has contracted to provide the residents and property owners of the City with refuse collection services. There may be more than one collector for said services.

(b) "Director" shall mean the Public Works Director of the City of Yuba City, or his/her authorized agent(s).

(c) "Nuisance" shall mean the accumulation and existence of refuse on any private premises, on, in, or upon any street, alley, or other public place within the City may be declared to be a nuisance. No person who owns, controls, or occupies any premises in the City shall cause, permit or allow any such nuisance to exist thereon.

(d) "Organic waste" means wastes containing material originating from living organisms and their metabolic waste products, including, but not limited to, food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, paper products, printing and writing paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).

(e) "Owner" shall mean and shall conclusively be deemed to be the legal owner of any property subject to this chapter.

(f) "Refuse" shall mean garbage and other refuse including, without limitation:

(1) Accumulations of animal, fruit, or vegetable matter, including fats, oils, and grease, that attend the preparation, use, cooking, dealing in, or storage of meat, fish, fowl, fruits, or vegetables, which may collectively be known as "organic waste;"

(2) Lawn and garden refuse such as leaves, grass cuttings, roots, and weeds from which the soil has been removed, trimmings from trees or shrubs, plants, and similar materials;

(3) Rubbish and trash such as paper, rags, cardboard, fiber, metal, glass, cartons, containers, boxes, bottles or jars, containers originally used for foodstuffs, and other articles or materials of a similar nature normally discarded as household or business refuse; and

(4) Other trash and rubbish other than debris which has resulted from the construction activities or demolition of structures. Debris resulting from construction or demolition shall be disposed of in accordance with Section 6-3.16.

"Refuse" shall not include large appliances or furniture or chemicals of a type which must be disposed of in a Class I landfill.

(g) "Refuse collection area" shall mean that space on the premises where refuse is deposited by occupants and where said refuse is stored until it is transferred into or onto a collection vehicle and removed from the premises.

(h) "Report" shall mean the report of delinquent accounts compiled by the collector(s) and submitted to the Director on an annual basis, consisting of all delinquent accounts not less than 30 days delinquent.

(i) "Solid waste" has the same meaning as defined in State Public Resources Code Section 40191, which defines solid waste as all putrescible and non-putrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that solid waste does not include any of the following wastes:

(1) Hazardous waste.

(2) Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114960) of Part 9 of Division 104 of the State Health and Safety Code).

(3) Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a solid waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be SOLID WASte shall be regulated pursuant to Division 30 of the State Public Resources Code.

(4) Recyclable materials, construction and demolition (C&D) debris, organic waste, or other salvageable materials only when such materials are source separated from solid waste at the site of generation.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

All refuse accumulated in the City shall be collected, conveyed, and disposed of by the City, its duly authorized agents and employees, or by the collector(s) with whom the City may contract or have contracted for the collection, conveyance, and disposal of refuse. The City and such contractor or contractors and their employees shall, except as otherwise provided in this chapter, have the exclusive right to collect, convey, and transport in all refuse along or over the public streets, alleys, and highways in the City. This section shall not prohibit transportation of refuse over public ways within the City by collectors authorized by the Sutter County Health Officer to serve County areas adjacent to the City limits or as permitted for self-haul.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

The periodic collection of refuse from all places in the City benefits all occupants of places and premises in the City and promotes and protects the health, safety, and welfare of all residents of the City. Therefore, refuse collection services provided by the collector(s), City, or its authorized agents, are mandatory for all owners of property within the City in or from which refuse is created, accumulated, or produced; however, there may be joint or multiple use of refuse containers in certain circumstances.

It is unlawful for any person other than the collector(s) or employees of the City to collect, remove, or dispose of refuse within the City on a regularly scheduled basis for compensation; however, nothing contained herein shall prevent the use of garbage-disposal devices as provided in the Uniform Plumbing Code.

(a) Fats, oils, and grease shall not be disposed of through the use of garbage-disposal devices nor shall they be permitted to enter the City's wastewater-collection system.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

(a) An owner may appeal the mandatory collection of refuse in accordance with Section 6-3.03 by filing with the Director a written request within 15 days of receiving notice from the City or its authorized agent or collector(s) that refuse service is required on the owner's property. The appeal shall set forth a statement of the action desired by owner and list the reasons for the desired action.

(b) Qualifying criteria for an appeal will include an alternative legal method of disposing of refuse or complete recycling of all existing refuse. Sections 6-3.06 and 6-3.14 of this chapter shall also be included as part of the criteria in evaluating an appeal from mandatory collection.

(c) The disposal of refuse via an alternative method shall not include hauling to a landfill, nor disposing of refuse at another person's property or a place of business/employment (unless the owner's address serves as both his/her residence and business location).

(d) Accommodation for disabilities which are interfering with transporting refuse containers to the curbside shall be worked out with the collector.

(e) The appeal shall be acted upon by the Director within ten days after the date of filing. The Director's determination shall be final and cannot be appealed.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

The owner of any property within the City in or from which refuse is created, accumulated, or produced shall subscribe to and pay for refuse collection service rendered to such property by the collector(s) and shall provide an adequate container or containers for deposit of refuse at a location specified in the City's agreement with the collector(s). The necessity for and type of refuse collection service required, the type of containers to be utilized/provided, and the rates to be charged for refuse collection services shall be established by agreement between the City and the collector(s) or by resolution adopted by the City Council.

Nothing in this section is intended to prevent an arrangement, or the continuance of an existing arrangement, under which payments for refuse collection service are made by a tenant, tenants, or any agent, on behalf of the owner; however, any such arrangement will not affect the owner's obligation to the City or to the collector(s) for the payment for such service.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

(a) No person who owns, controls, or occupies any premises shall permit refuse to accumulate for a period in excess of the period provided in this chapter or in rules and regulations adopted pursuant hereto, and no such person shall, following notice thereof, fail, decline, or neglect to place refuse within refuse containers as provided in this chapter and in accordance with the rules and regulations established pursuant to this chapter.

(b) No person shall throw, deposit, or leave any refuse, or permit the same to be thrown, deposited, or left on the property or premises of another without the knowledge and prior permission of the owner thereof.

(c) No owner of real property located in the City shall knowingly permit or countenance his/her tenants while in occupation of such property to throw, deposit, or leave any refuse upon the property or premises of another.

(d) No person shall throw, deposit, or leave any refuse, or being in possession or control of any refuse, shall permit the same to be thrown, buried without being properly licensed to do so, deposited, or left in or upon any street or other public place in violation of this chapter or the rules and regulations established pursuant to this chapter.

(e) No person shall use burning as a method of refuse disposal except in accordance with Feather River Air Quality Management District requirements and procedures.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

The collector shall make available, and every owner, occupant, manager, or person in control of the premises of any dwelling unit or units, or of any place of business or institution within the City where refuse accumulates, shall provide or cause to be provided a sufficient number of containers of adequate size to accommodate all refuse accumulated on the premises between collection days. The occupant, manager, or person in control of the premises shall be primarily responsible for providing the required containers of adequate size. Making arrangements with the collector(s) to provide for a container shall meet the requirement of this section.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

When an owner fails to request adequate refuse collection service within 15 days of occupancy of a property, the collector(s) will give the owner written notification that such service is required. If service is not requested by the owner within 15 days from the date of the mailing of the notice, the collector(s) may initiate and continue refuse service for said property at the owner's expense.

When, in the judgment of the collector(s), additional refuse containers are required, they shall be provided at the owner's cost upon written notification from the collector(s). If the required additional containers are not requested by the owner within 30 days from the date of the mailing of the notice, the collector(s) may provide the required containers at a cost established pursuant to agreement between the City and the collector(s) or pursuant to rules and regulations adopted hereunder. Such cost may be added to the collection fees.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

All containers and carts for refuse shall be in accordance with the City and collector agreement and shall be supplied by the collector(s) so that they shall be capable of being emptied by standard collection equipment. All containers shall comply with the requirements of Senate Bill 1383 (Health and Safety Code §§ 39730.5, 39730.6, 39730.7, and 39730.8 and Public Resources Code Chapter 13.1, Part 3 of Division 30, "SB 1383"). The color, labelling, type and character of all such containers shall be compliant with the requirements of SB 1383, and the provision of such containers shall be performed by the City or its designated collector(s) in compliance with implementation timeframes specified in SB 1383.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

Containers shall be placed at street-side for collection at ground level of the property, not within the right-of-way of a street or alley, and accessible to and not more than 2 ft from the curb or sidewalk on the side of the street from which collection is to be made. Containers are to be placed at street-side for collection within 12 hours of the time of collection and shall be removed within 12 hours after collection service is rendered.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

Editor's note— Ord. No. 005-22, § 5, adopted Mar. 1, 2022, deleted § 6-3.11 entitled "Cuttings,", which derived from: Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 004-19, § 4, adopted Nov. 5, 2019.

Contents of containers shall be limited to refuse as defined in Section 6-3.01 herein, except as hereinafter qualified. Refuse disposal shall be in accordance with the City and collector agreement(s) and all applicable state regulations.

(a) Organic waste. Organic wastes which are specifically accepted at the collector's approved organic materials processing facility. Food wastes or animal feces must be thoroughly drained and securely wrapped to prevent leakage, odor, and access to flies and animals.

(b) Solid waste. As defined in California Public Resources Code, Division 30, Part 1, Chapter 2, § 40191 and regulations promulgated hereunder. Excluded from the definition of solid waste are exempt waste, source separated construction and demolition debris, recyclable materials, organic materials, and radioactive waste. Feathers and ashes must be dampened and securely wrapped, and vacuum cleaner sweepings must likewise be securely wrapped.

(c) Recyclable materials. Those materials which are capable of being recycled, which shall include, but not be limited to: newspaper (including inserts); mixed paper (including magazines, catalogs, envelopes, junk mail, corrugated cardboard, brown bags and paper, paperboard, paper egg cartons, office ledger paper, and telephone books); glass containers; aluminum beverage containers; pie tins; tin cans; bi-metal containers; and #1—7 plastics (except for plastic bags, film plastic, packaging peanuts, and foam packaging).

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

Unless written approval is granted by the Sutter County Health Officer, the following materials are prohibited in refuse set out for collection: ammunition; explosives; industrial wastes; chemicals; pathological, toxic, and radioactive waste; acids; drugs; medicines; unwrapped feces; and items too large for the collection equipment or which may damage the collection machinery such as large pieces of metal, machine parts, logs, and tree stumps.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

No person who owns, controls, or occupies any premises shall permit refuse to accumulate for a period in excess of one calendar week, or fail, refuse, or neglect to place such refuse for collection in accordance with schedules established therefor and the provisions of this chapter and rules and regulations established pursuant thereto.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

The Director shall administer the provisions of this chapter. In carrying out this responsibility, the Director shall have the following powers and duties:

(a) Establish rules and regulations consistent with this chapter governing storage, collection, and disposition of refuse, including the determination of standards and specifications for approved containers and placement of containers. The rules may permit special containers or bins where the quantity or nature of the material to be collected so requires.

(b) Establish additional rules and regulations consistent with this chapter as may be necessary, reasonable, and proper to effect the sanitary, expedient, economical, and efficient collection, removal, and disposal of refuse.

(c) Establish the routes, hours, and days of collection; the Director may change the same as the Director deems necessary and shall give notice of such routes, hours, days, and changes as seems advisable.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

All owners, contractors, and builders of structures shall, both during construction and demolition and upon the completion of construction or demolition of any such structure, gather up and haul away at their sole cost and expense all refuse of every nature, description, or kind which has resulted from the construction activities or demolition of structures, including all lumber scraps, shingles, plaster, brick, stone, concrete, and other building materials, and shall return the lot and all nearby premises utilized in connection with such construction activities to a sightly condition. Whenever possible, said materials shall be separated for recycling and disposal per CALGreen building standards.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

(a) All billing for refuse collection shall be coordinated and administered by the collector(s); all charges shall become delinquent if not paid within 30 days after the date due (as stated on the refuse collection bill).

(b) If the bill remains unpaid after the date of delinquency, the collector(s) shall be entitled to a delinquency fee. However, said delinquency fee shall not be assessed until 15 days after notification of the delinquency to the owner and recipient of service. The form and content of the delinquency notice sent by the collector(s) and the delinquency fee shall be approved by the City. Said notice shall notify the owner of the fees imposed and the process for collection of delinquent charges. If a tenant is delinquent, the owner shall receive all such delinquency notifications.

(c) Collector(s) may assign to the City at expiration of the 30-day period any delinquent bills for hearing and lien proceedings. The collector(s) will compile said assignments into a report of delinquent accounts which will be submitted to the Director on an annual basis.

(d) Upon receipt by City of the report from the collector(s), and at the convenience of the City, the Finance Director shall fix a time, date, and place for holding a hearing with respect to the report and any appeals, protests, or objections thereto. The City Clerk shall cause notice of the time and place of the hearing to be mailed to the owner not less than ten days prior to the date of the hearing. At the hearing, the Director shall hear and consider all appeals, objections, and protests, if any, to said report referred to in said notice. Upon conclusion of the hearing, the Director may adopt, revise, change, reduce, or modify any charge or charges or overrule any or all objections and shall make a determination upon the charge or charges as described in said report. The Director's determination shall be final and cannot be appealed.

(e) After the conclusion of the hearing process, and upon confirmation of the report by the Finance Director, the Finance Director shall initiate proceedings to create a lien on the real property to which the refuse collection has been rendered according to Government Code § 25831. The Finance Director is authorized by these provisions to declare that delinquency charges and penalties on refuse collection accounts, as set forth in the report by the collector(s), when recorded shall, after notice and hearing provided herein, be collected on the property tax roll. An administrative fee may be added to the lien amount in accordance with Chapter 8 (User Fee Recovery System) of Title 3 (Finance) of this Code.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

The City Council may, by agreement with the collector(s) or by separate resolution, implement rules and regulations to carry out and promote the provisions of this chapter. Such agreements, rules, and regulations may set forth the time of collection of refuse, the rates to be charged for such collection, the time for payment of such rates, the size of containers to be utilized, the manner in which such containers or bundles of refuse are to be placed for collection and such other matters as may be necessary or appropriate to effect the provisions of this chapter.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

(a) Definitions. The following words, terms and phrases, only when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1) "City Enforcement Official" shall mean the City Manager, department director, or other executive in charge or their authorized designee(s) who is/are partially or wholly responsible for enforcing this ordinance.

(2) "Commercial business" or "commercial" shall mean a firm, partnership, proprietorship, joint-stock company, corporation, or association, whether for-profit or nonprofit, strip mall, industrial facility, or a multi-family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A multi-family residential dwelling that consists of fewer than five units is not a commercial business for purposes of implementing this section.

(3) "Compliance review" shall mean a review of records by the City to determine compliance with this section.

(4) "Designee" shall mean an entity that the City contracts with or otherwise arranges to carry out any of the City's responsibilities of this section as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a private entity, or a combination of those entities.

(5) "Enforcement action" shall mean an action of the City to address non-compliance with this section including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies.

(6) "Inspection" shall mean a site visit where the City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of materials to determine if the entity is complying with requirements set forth in this section.

(7) "Multi-family residential dwelling" or "multi-family" shall mean of, from, or pertaining to residential premises with five or more dwelling units.

(8) "Notice of violation (NOV)" shall mean a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45), or further explained in 14 CCR Section 18995.4.

(9) "SB 1383" shall mean Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the California Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the California Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time-to-time.

(10) "SB 1383 regulations" shall mean or refer to, for the purposes of this section, the short-lived climate pollutants: organic waste reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.

(11) "Single-family" shall mean of, from, or pertaining to any residential premises with fewer than five units.

(b) Inspections and investigations by the City.

(1) City representatives and/or City-designated entities, including designees, are authorized to conduct inspections and investigations, at random or otherwise, of any project site, collection container, or collection vehicle loads to confirm compliance with this section by commercial businesses (including multi-family residential dwellings), property owners, building/demolition/landscaping contractors, or any other entities subject to applicable laws. This section does not allow City representatives and/or City-designated entities, including designees, to enter the interior of a private residential property for inspection (e.g., a fenced or gated private property yard or area).

(2) Regulated entity shall provide or arrange for access during all inspections (with the exception of residential property interiors) and shall cooperate with the City's employee or its designated entity/designee during such inspections and investigations. Such inspections and investigations may include confirmation of proper solid waste collection services, proper placement of materials in containers, records, or any other requirement of this section described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this section and may result in penalties described in Section 6-3.19(c).

(3) Any records obtained by the City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as set forth in Government Code Section 6250 et seq.

(4) City representatives, City-designated entities, and/or designees are authorized to conduct any inspections or other investigations as reasonably necessary to further the goals of this section, subject to applicable laws.

(5) The City shall receive written complaints from persons regarding an entity that may be potentially non-compliant with this section, including receipt of anonymous complaints.

(c) Enforcement.

(1) Violation of any provision of this section shall constitute grounds for issuance of a notice of violation and assessment of a fine by a City Enforcement Official or representative. Enforcement actions under this section are issuance of an administrative citation and assessment of a fine in accordance with Chapter 8 (Nuisances) of Title 4 (Public Safety) of this Code. The City's procedures on nuisance enforcement and administrative penalties are hereby incorporated in their entirety, as modified from time-to-time, and shall govern the imposition, enforcement, collection, and review of administrative citations issued to enforce this section and any rule or regulation adopted pursuant to this section, except as otherwise indicated in this section. Administrative penalties shall be as per the fee schedule established in Section 6-3.19(c)(4).

(2) Other remedies allowed by law may be used, including civil action or prosecution as misdemeanor or infraction. The City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.

(3) Responsible entity for enforcement.

(i) Enforcement pursuant to this section may be undertaken by the City Enforcement Official(s) or their designated entity, legal counsel, or combination thereof.

(ii) City Enforcement Official(s) will interpret the Code, determine if violation(s) have occurred, implement enforcement actions, and determine if compliance standards are met.

(iii) City Enforcement Official(s) may issue notices of violation(s).

(4) Penalty amounts for violations. The penalty levels are as follows:

(i) For a first violation, the amount of the base penalty shall be $50 per violation.

(ii) For a second violation, the amount of the base penalty shall be $100 per violation.

(iii) For a third or subsequent violation, the amount of the base penalty shall be $250 per violation.

(5) Education period for noncompliance. Upon adoption and enactment of this section by the City and through December 31, 2023, City will conduct inspections and compliance reviews, depending upon the type of regulated entity, to determine compliance. If the City determines that a commercial business (including multi-family residential dwellings), property owner, building/demolition/landscaping contractor, or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this section and a notice that compliance is required by adoption and enactment of this section and that violations may be subject to administrative civil penalties starting on January 1, 2024.

(6) Civil penalties for noncompliance. Beginning January 1, 2024, if the City determines that a commercial business (including multi-family residential dwellings), property owner, building/demolition/landscaping contractor, or other entity is not in compliance with this section, it shall document the noncompliance or violation, issue a notice of violation, and take enforcement action pursuant to this section, as warranted.

(Ord. No. 005-22, § 5, 3-1-2022)

Every person, firm, or corporation violating any of the provisions of this chapter may be deemed guilty of a misdemeanor and shall be subject to the penalty provision set forth in Section 1-2.01 of this Code.

(Ord. 03-96, eff. June 20, 1996; Ord. 05-99, § 2, eff. June 3, 1999; Ord. No. 005-22, § 5, 3-1-2022)

Editor's note— Formerly codified as § 6-3.19 which was renumbered by Ord. No. 005-22 which added new provisions designated as § 6-3.19, as herein set out above.

The Regional Waste Management Authority ("Authority") is a duly formed joint powers authority pursuant to Government Code § 6500 et seq. of which the City is a member. The Authority serves as: (i) the responsible agency the preparation and submission of regional planning documents and annual reports and coordination of waste diversion programs pursuant to Assembly Bill 939 and the corresponding regulations in Title 14 of the California Code of Regulations, Division 7, Chapter 9; and (ii) the responsible agency to coordinate, administer and/or implement compliance with and enforcement of SB 1383 on behalf of each joint powers member, including the City.

The Authority is hereby designated as the City's "designee" to carry out any of the City's responsibilities under SB 1383 as authorized in 14 CCR Section 18981.2, to the extent such responsibilities are further specified and delegated to Authority pursuant to its formational instruments, resolutions, ordinances and policies, as may be amended from time-to-time ("Authority programs"). The Authority programs are hereby adopted by reference into this chapter and made a part hereof.

In interpreting this chapter in conjunction with the Authority programs, in the event of any conflict between this chapter and Authority programs that cannot be reasonably harmonized through the application of lawful principles of statutory or contract construction, the terms of the Authority programs shall control with respect to all issues specific to the regulation of organic and food waste collection and disposal.

(Ord. No. 005-22, § 5, 3-1-2022)

Editor's note— Ord. No. 005-22, § 5, adopted May 1, 2022, deleted former § 6-3.21 entitled "Repeal," which derived from Ord. 05-99, § 2, eff. June 3, 1999.